If- O't- ~~ 1, (!) 1(.,01(,( - ~ CtcOl~ ~( 0,1 r(c.reiUlge( 2.mS ~. THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Case No.: IT-04-82-PT

THE PROSECUTOR

v.

LJUBE BOSKOSKI JOHAN TARCULOVSKI

AMENDED INDICTMENT

The Prosecutor of the International Criminal Tribunal for the Former Yugoslavia, pursuant to her authority under Article 18 of the Statute of the International Criminal Tribunal for the Former Yugoslavia ("the Statute of the Tribunal"), charges:

LJUBE BOSKOSKI JOHAN TARCULOVSKI with VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR, as set forth below:

THE ACCUSED

LJUBE BOSKOSKI

1. Ljube BOSKOSKI was born on 24 October 1960 in the town of Tetovo in the Republic of Macedonia of the Socialist Federal Republic of Yugoslavia ("FYROM"). From May 2001 until November 2002, Ljube BOSKOSKI was the Minister of Interior of FYROM. At this time, he was a prominent member of the governing political party known as the Internal Macedonian Revolutionary Organization - Democratic Party for Macedonian National Unity ("VMRO­ DPMNE").

1 l£,~o Prosecutor v. Ljube BOSKOSKI and lohan TARCULOVSKI Amended Indictment

JOHAN TARCULOVSKI

2. Johan TARCULOVSKI was born on 17 November 1974 in the city of Skopje in the Republic of Macedonia of the Socialist Federal Republic of Yugoslavia. In 2001, he was a police officer acting as an Escort Inspector in the President's Security Unit in the Ministry of Interior. His duties included providing personal security for the President. At the same time he was a member of VMRO­ DPMNE.

INDIVIDUAL CRIMINAL RESPONSIBILITY

Article 7(1) of the Statute of the Tribunal

3. Johan TARCULOVSKI is individually criminally responsible pursuant to Article 7 (1) of the Statute of the Tribunal for crimes referred to in Article 3 of the Statute of the Tribunal as alleged in this Amended Indictment, which he committed, ordered, planned, instigated or aided and abetted. By using the word "committed" in this Amended Indictment, the Prosecutor does not allege that the accused physically committed any of the crimes charged. "Committed" in this Amended Indictment includes participation in a joint criminal enterprise ("JCE").

Joint Criminal Enterprise

4. A JCE came into existence no earlier than Friday 10 August 2001 and continued up to and including Sunday 12 August 2001 during the armed conflict in FYROM. The object of the JCE was to direct an unlawful attack on civilians and civilian objects in the village of Ljuboten, which was not justified by military necessity, a crime under Article 3 of the Statute of the Tribunal. The crimes occurring in Ljuboten and charged in Counts 1 to 3 of this Amended Indictment were within the object of the JCE.

5. Johan TARCULOVSKI worked in concert with the other members of the JCE, namely members of FYROM regular and reserve police under his command within the Ministry of Interior.

6. Johan TARCULOVSKI participated in the JCE, with knowledge of its illegal objective, throughout its existence in one or more of the following ways:

(a) From July to August 2001 he personally selected individuals to form his regular and reserve police unit that took part in the attack.

(b) From July to August 2001 he co-ordinated the arming of the members of his regular and reserve police unit that took part in the attack.

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(c) Between 10 and 12 August 200 1 with the assistance of high level government and police officials, he persuaded the most senior police and army commanders responsible for security in the Ljuboten area to support the attack on Ljuboten.

(d) He sought and gained logistical, material and fire support for the attack on Ljuboten from the most senior police and army commanders based in the area of Ljuboten between 10 and 12 August 2001.

(e) He prompted the regular and reserve police in his unit to participate in the attack on Ljuboten.

(f) He decided on the weaponry, manpower, logistical and other material support that would be used in the attack.

(g) He determined the timing, method, manner, goals and targets of the attack.

(h) He ordered, by using his position of authority, the regular and reserve police in his unit to attack Ljuboten.

(i) He was present and provided leadership and personal guidance in the ground attack and was present at the scenes of individual crimes charged in this Amended Indictment.

7. Johan TARCULOVSKI participated in the ICE as a co-perpetrator. Johan TARCULOVSKI and the other members of the ICE acted on the basis of the common purpose, with shared intent.

8. Alternatively, the crimes enumerated in Counts 1 to 3 of this Amended Indictment were the natural and foreseeable consequences of the execution of the object of the ICE, to direct an unlawful attack on civilians and civilian objects in the village of Ljuboten, and Johan TARCULOVSKI was aware that such crimes were a possible consequence of the execution of the ICE and with that awareness decided to participate in the enterprise.

Ordering, Planning and Instigating

9. Johan TARCULOVSKI is also individually criminally responsible for ordering, planning and instigating the crimes charged in the Amended Indictment by virtue of his participation in the attack on Ljuboten as described in paragraphs 6(a) to (i) above. He directly intended that these crimes be committed or at least he had the awareness of the substantial likelihood that the crimes would be committed in the execution of his orders, plans and instigation.

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Aiding and Abetting

10. Additionally, Johan TARCULOVSKI aided and abetted the crimes charged in the Amended Indictment by virtue of his participation in the attack on Ljuboten as described in paragraphs 6 (a) to (i) above. He was aware that his conduct would assist the commission of the crimes by the perpetrators or he was aware of the substantial likelihood that his acts would assist the commission of the crimes by the perpetrators.

Article 7(3) of the Statute of the Tribunal

11. Ljube BOSKOSKI is individually criminally responsible pursuant to Article 7(3) of the Statute of the Tribunal for crimes referred to in Article 3 of the Statute of the Tribunal as alleged in this Amended Indictment. Ljube BOSKOSKI is charged with superior responsibility for the acts of regular and reserve police, including special police units, as well as acts committed by prison guards, hospital personnel and civilians as described in the Amended Indictment counts. A superior is responsible for the criminal acts of his subordinates if he knew or had reason to know that his subordinates were about to commit such acts or had done so, and the superior failed to take necessary and reasonable measures to prevent such acts or to punish the perpetrators. Ljube BOSKOSKI failed to fulfil his duty as a superior to investigate and punish the perpetrators of the crimes alleged below.

12. Ljube BOSKOSKI in his capacity as Minister of Interior exercised de jure and de facto command and control over the police forces that participated in the crimes alleged in this Amended Indictment. Ljube BOSKOSKI, as Minister of FYROM Ministry of Interior ("Mal"), was the highest authority in the Mal. His official responsibility included public and state security. In his capacity as Minister of FYROM Mal, Ljube BOSKOSKI had the overall authority and responsibility for the functioning of the police forces, both regular and reserve, including all special police units, within FYROM.

13. Ljube BOSKOSKI exercised command and control of all FYROM police forces. All subordinates were under an obligation to carry out all the orders given by him. He had the authority to appoint, punish, discipline, suspend and dismiss police from duty for crimes they may have committed. Other powers included powers to establish police units, execute police operations and determine police rules and regulations. Often the Minister would exercise his command in uniform at major police tactical operations.

14. Ljube BOSKOSKI knew or had reason to know that the crimes alleged in this Amended Indictment had been committed by his subordinates. His knowledge was obtained amongst other means by his observations of property damage and

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mistreated detainees close to the scene of the attack in the early afternoon of 12 August 2001, meetings with participants in the attack on 12 August 2001, internal police reports, public media including daily Albanian and Macedonian newspapers, meetings with international representatives and journalists and international organisation reports produced within days and weeks of the crimes.

15. Between 12 August 2001 and May 2002, when the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia informed FYROM authorities that she was exercising primacy over the allegations of crimes arising out of the Ljuboten attack in August 2001, Ljube BOSKOSKI, with knowledge of the crimes alleged in this Amended Indictment, was under an obligation to punish his subordinates who committed the crimes in this Amended Indictment. However, he failed to take necessary and reasonable measures to do so. During this period no subordinate was punished in any way for the crimes charged in this Amended Indictment, nor was any genuine investigation conducted or authorised by him, nor a genuine referral made by him to another authority to effectively investigate the crimes.

16. Ljube BOSKOSKI's duty included an obligation to investigate and establish the facts of the crimes and to impose appropriate punitive measures on the perpetrators. Ljube BOSKOSKI, having knowledge of the perpetrators involved in the attack, did not initiate an investigation of Johan TARCULOVSKI, or his police unit's activities on 12 August 2001, or of the activities of the police responsible for the cruel treatment of Ljuboten residents detained in custody, after the attack, in any genuine way, when he was in a position to do so.

17. Ljube BOSKOSKI was aware of Johan TARCULOVSKI's police unit's preparation for and involvement in the Ljuboten attack prior to and during its operation on 12 August 2001, and yet failed to ensure that any inquiries were made to investigate their involvement in the crimes charged in this Amended Indictment. Ljube BOSKOSKI was aware of the large scale detentions of ethnic Albanian civilians from Ljuboten and was aware or at least had reason to know that the cruel treatment of the Albanian detainees on and following 12 August 2001 had occurred, and made no genuine effort to investigate these allegations and punish the perpetrators.

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THE CHARGES

COUNTl

MURDER

RAMI JUSUFI

18. At about 8:20 a.m. on Sunday 12 August 2001, members of a police unit commanded by Johan TARCULOVSKI forcibly entered the yard of Rami JUSUFI's house situated in the northern part of Ljuboten near Ljubanci. Rami JUSUFI, a 33 year old ethnic Albanian male, was asleep in bed when his mother called him to the front door. He went to the door in his pyjamas, unarmed, and was immediately shot at close range in his stomach through the open door by one of the police. He died two hours later.

SULEJMAN BAJRAMI, MUHAREM RAMADANI and ATULLA QAILI

19. A few hours later, at about 11.00 a.m., on Sunday 12 August 2001, Johan T ARCULOVSKI and members of the police unit arrived at Adem AMETOVSKI's and Zija ADEMI's houses situated about 20 metres apart in the upper eastern part of the village. In these two houses, men, women and children, all unarmed, were seeking refuge from the police and army attack in the two basements.

20. The police ordered the men out from the basements, and grouped 13 of them near the main gate of Adem AMETOVSKI's house. The police forced the men to lie on the ground where they all were beaten repeatedly and severely. Sulejman BAJRAMI, a 23 year old ethnic Albanian, got up and attempted to escape. He was then shot dead by at least one of the police. After this, the police then ordered ten of the twelve remaining men to walk towards the neighbouring Macedonian village of Ljubanci. The other two men, both elderly, were ordered to leave the area by the police. As these two men walked away, the police fired at them killing Muharem RAMADANI, a 65 year old ethnic Albanian.

21. Atulla QAILI, a 35 year old ethnic Albanian, was one of the ten men who were forced to walk towards Ljubanci. He, like the others, was further beaten by the police as they left the village. Atulla QAILI arrived at the police checkpoint outside the Braca House at the Ljuboten-Ljubanci village border in a seriously injured state. He was further kicked at that location. He was transported with the others in the back of an open truck to Mirkovci police station where he was beaten again by police. Before being taken to the hospital from the police station, his whole body was bruised, battered and bloody. He was unable to speak due to the

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injuries. On the afternoon of 13 August 2001, Atulla QAILI died at the Skopje hospital as a result of the beatings.

XHELAL BAJRAMI, BAJRAM JASHARI and KADRI JASHARI

22. At about 12.00 noon on Sunday 12 August 2001, following the killings of Sulejman BAJRAMI and Muharem RAMADANI, Johan TARCULOVSKI and members of the police unit under his command moved further east across the village to the house of Qani JASHARI where five unarmed men had taken refuge from the advancing police unit. On arrival, the police called out for the owner of the house and then opened fired on it. The police then set the house and hay-barn on fire using gasoline. Following this, the men inside jumped out of the back window of the house where they hid under a tobacco drying stall, about 30 meters away. The police then shot at the men forcing them to run towards the mountain behind the house. As they ran, three of the men, Xhelal BAJRAMI, Bajram JASHARI, and Kadri JASHARI, ethnic Albanian men, 29 years, 34 years and 31 years old respectively were shot dead about 100 to 150 metres away from the house. The other two escaped, one injured by a bullet and the other unharmed.

23. By the acts or omissions described above Ljube BOSKOSKI and Joban TARCULOVSKI are criminally responsible as particularised in paragraphs 3 to 17 for;

Count 1: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, recognised by Article 3(1)(a) of the Geneva Conventions of 1949 and punishable under Article 3 and Article 7 (1) and 7 (3) of the Statute of the Tribunal.

COUNT 2

WANTON DESTRUCTION OF CITIES, TOWNS OR VILLAGES

24. Between about 10.00 a.m. and 5.00 p.m. on Sunday 12 August 2001, as the police unit commanded by Johan TARCULOVSKI walked through Ljuboten village from the north east edge to the south east end, the members of the group intentionally set alight at least 14 houses. These incidents occurred during the general attack on the civilian population of Ljuboten. In addition to setting fire to houses, the police also damaged houses by use of hand grenades and small arms. As a result of these acts, 14 houses were seriously damaged or destroyed. In the northern part, 6 adjacent houses were destroyed or seriously damaged. In the upper eastern part, 5 houses were destroyed or seriously damaged and in the lower eastern part 3 houses were destroyed or seriously damaged. Further details of the identity and extent of these 14 wantonly damaged properties in this attack are contained in Schedule A which is attached to and forms a part of this Amended Indictment.

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25. By the acts or omissions described above Ljube BOSKOSKI and Johan T ARCULOVSKI are criminally responsible as particularised in paragraphs 3 to 17 for;

Count 2: Wanton Destruction of cities, towns or villages, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR punishable under Article 3(b) and Article 7 (1) and 7(3) of the Statute of the Tribunal.

COUNT 3

CRUEL TREATMENT

26. Between Sunday 12 August 2001 and Wednesday 15 August 2001, during and after the ground attack by Johan TARCULOVSKI and members of his police unit on Ljuboten, over one hundred ethnic Albanian male residents of the village were detained and subjected to the intentional infliction of severe pain or suffering by beatings, humiliation, harassment and psychological abuse. These residents were cruelly treated within Ljuboten, at two police checkpoints nearby and outside the village, at five police stations in Cair municipality and Skopje city, as well as at a Skopje court and hospital.

27. The cruel treatment first occurred at two locations, one inside and one outside of Ljuboten. In the village, 13 Albanian residents were seriously beaten at Adem AMETOVSKI's house as described above and below. Outside of the village, at a police checkpoint 3 - 4 kilometres from Ljuboten towards Skopje, regular and reserve police detained at least ninety male residents and physically and psychologically abused at least half of them who were fleeing from the ground attack by Johan TARCULOVSKI and members of his police unit on Ljuboten.

28. After these initial detentions and beatings at these two locations, both groups of detained people were transferred to different police stations and then in some cases to the Skopje Court II and Skopje City Hospital. The first group of detained and beaten residents were taken from Adem AMETOVSKI's house in Ljuboten first to the police checkpoint at the Braca House outside of the village and from there to Mirkovci Police Station. From the police station, half of them were later taken to Skopje City Hospital and the other half to Skopje Court II.

29. The second group of residents detained and beaten was selected from a convoy of hundreds of Ljuboten residents who, in fear as a result of the attack, attempted to leave the village on foot in the direction of Skopje. About 3-4 km from the village on the Ljubotenski Pat road, at a police checkpoint called "Buzalak", unarmed civilian male residents of Ljuboten were separated from the women and children in the convoy. At least half of the men were beaten at Buzalak by police and then ninety of them were transferred in separate groups to successive police

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stations mostly in Skopje, namely Cair (Butel), Kisela Voda (Prolece), Bit Pazar and Karpos where they were further cruelly treated. As a result of injuries received, some of these men were sent to the Skopje City Hospital. At all of these places the beatings were committed by police officers, reservists or civilians who were allowed, encouraged or assisted by the police to carry out the beatings.

30. The detention and beatings of these arrested men were organised, systematic and pervasive. Most of the detainees were beaten repetitively at successive locations as described in paragraphs 31 to 40 below.

ADEM AMETOVSKI'S HOUSE

31. Between 11.00 a.m. and 12.00 noon on 12 August 2001, the 13 Ljuboten residents ordered out of Adem AMETOVSKI's and Zija ADEMI's house by Johan TARCULOVSKI and members of his police unit were forced to lie on the ground face down. The police then punched, kicked, jumped on and hit these men with rifle butts and wooden sticks. One police officer shot the father of Sulejman BAJRAMI in the hand. Another of the men had a large cross carved on his back with a knife. These men sustained injuries to their hands, heads, ribs and shoulders. Sulejman BAJRAMI was kicked forcefully in the head before being shot dead.

BRACA'S HOUSE

32. In the early afternoon, between about 12.30 p.m. and 1.00 p.m. after the beatings outside Adem AMETOVSKI's house, ten of the remaining men from the original group of 13 were marched to the police checkpoint at the Braca house, at the outskirts of the village. On the way these men were further beaten and on their arrival at the Braca House the beatings continued for about half an hour. They were kicked, jumped on, and hit with pieces of burning wood. This mistreatment resulted in injuries to their backs, shoulders, heads, noses and ribs. The ten men were then thrown forcibly onto a police truck and taken to the Mirkovci Police Station where they were detained.

MIRKOVCI POLICE STATION

33. Between the afternoons of 12 and 14 August 2001, regular and reserve police officers in and outside of the Mirkovci police station physically and mentally abused the ten detained men from Ljuboten. On arrival at the station, some of the men were thrown off the truck while still unconscious from earlier beatings. These men were punched, kicked and hit with various implements such as rifle butts, shovels, truncheons and other objects. The beatings were executed with such force that some detainees could not move due to the pain. Injuries such as broken teeth, wounding and bruising were suffered.

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BUZALAK CHECKPOINT

34. Between the early afternoon and 6 p.m. on Sunday 12 August 2001, about ninety men were arrested at gunpoint at this checkpoint as they were fleeing the village with their families. These men were beaten by regular and reserve police, as well as some civilians. They were kicked, punched and stepped on, whilst they were forced to lie face down on the ground. They were hit repeatedly with rifle butts, truncheons, tree branches, wooden sticks and other objects. One man was shot in the head as he ran away from the checkpoint in fear. Another man who was carrying a 2 month old baby was beaten. A mentally disabled man was beaten. The injuries inflicted included lacerations to the head, bloody noses, ear injuries, heavy bruising, swollen eyes and broken ribs. Permanent disabilities resulted from some of the injuries received from the beatings such as a damaged shoulder, recurring headaches and permanent back pains.

CAIR (BUTEL) POLICE STATION

35. During the afternoon of 12 August 2001 at Cair police station, at least 76 of the detainees from Buzalak checkpoint arrived in separate groups and were detained there. At least 30 of them were beaten by regular and reserve police officers in and outside of the station, during their detention and on their arrival and departure. They were hit with rifle butts, fists, boots, wooden sticks, baseball sticks and metal pipes on the neck, back and head. One detainee's face was smashed against the floor. Another detainee received a broken rib. Others fainted from the beatings. The men were kept in cramped cells for about 2 to 3 hours with between 15 and 50 men detained in a small cell. These cells had no fresh air, water or proper toilet facilities.

KISELA VODA (PROLECE) POLICE STATION

36. Between 12 and 14 August 2001, at least 32 Ljuboten villagers were detained at Kisela Voda Police Station. Of these villagers, at least 27 were beaten by regular and reserve police officers in front of and inside the police station. The men were punched, kicked, kneed in the face, neck and hit over the whole body. They were hit with rifle butts, truncheons, sticks and cables as well as being stepped on. One detainee had a gun barrel placed in his mouth while another had his hand cut with scissors. The beatings were accompanied by verbal abuses and threats.

BIT PAZAR POLICE STATION

37. Between 12 August 2001 and 14 August 2001, at least a quarter of the 24 detainees held at Bit Pazar police station were beaten in the station yard by regular or reserve police. Detainees were punched and hit with rifle butts. Conditions of detention were poor.

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KARPOS POLICE STATION

38. Between 12 and 14 August 2001, at least 53 detainees were brought to this station in different groups and detained. At least 19 of these were beaten by regular, reserve and special police. They were beaten en route to the station and inside the station. The detainees were punched, kicked, and hit with rifles and baseball bats by the police.

SKOPJE COURT II

39. On 14 August 2001, in the late afternoon and evening, 22 detainees were brought and tried at the Skopje Court II, where at least 19 of them were beaten. The beatings occurred in the hallways and corridors of the court. They were beaten by regular and reserve police, prison guards and some civilians who were allowed, encouraged and assisted by the police to carry out the beatings. They were beaten about their bodies with truncheons and rifle butts. In addition they were stepped on and burnt with cigarettes.

SKOPJE CITY HOSPITAL

40. Between 12 August and 21 August 2001, 14 badly injured detainees were brought from various locations cited above and kept at the hospital. At least 11 of them were beaten, in front of the hospital or in their rooms, by regular and reserve police and hospital personnel who were allowed, encouraged and assisted by the police to carry out the beatings. Victims were punched, jumped on and hit with truncheons.

41. Further details of the victims, dates, locations and nature of the cruel treatment are contained in Schedule B which is attached to and forms a part of this Amended Indictment.

42. For the acts or omissions described in paragraphs 31 to 40 inclusive above, Ljube BOSKOSKI is criminally responsible as particularized in paragraphs 3 to 17 and for the acts or omissions described in paragraphs 31 to 32 inclusive above, Johan T ARCULOVSKI is criminally responsible as particularised in paragraphs 3 to 17 for;

Count 3: Cruel Treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognised by Article 3(1)(a) of the Geneva Conventions of 1949 and punishable under Article 3 and Article 7(1) and 7(3) of the Statute of the Tribunal.

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GENERAL LEGAL ALLEGATIONS

43. A state of armed conflict existed in FYROM from January 2001 until at least late September 2001.

44. At all times relevant to this Amended Indictment, Ljube BOSKOSKI and Joban T ARCULOVSKI were required to abide by the laws and customs governing the conduct of armed conflicts, including the Geneva Conventions of 1949 and the additional protocols thereto.

ADDITIONAL FACTS

GEOGRAPHY

45. Macedonia was constituted as a Yugoslav republic in 1944, and remained one of the six constituent republics of the Socialist Federal Republic of Yugoslavia (SFRY) together with Bosnia-Herzegovina, Croatia, Montenegro, Serbia and Slovenia until the SFRY dissolution in 1991-1992. On 8 April 1993 the country was admitted to the United Nations after being recognised by the international community as the FYROM.

46. FYROM is land-locked bordered by Albania, Bulgaria, Greece and Serbia and Montenegro. According to the 1994 population census, Macedonians constituted 66,6% and Albanians 22,7% of the country's population. The areas with a considerable distribution of FYROM's Albanian population are in the north and the south-west of the country, bordering on Serbia and Montenegro (Kosovo) and Albania respectively.

47. In 2001 FYROM was divided into 123 municipalities. Cair municipality covers a part of the city of Skopje, as well as a number of near-by villages, including the village of Ljuboten. According to the 1994 population census, the municipality of Cair had a population of 63,375 persons, of whom approximately 57% were Macedonians, 29% were Albanians and 14% were described as "other."

ETHNIC DIVISION IN MACEDONIA

48. Relations between ethnic Albanians and ethnic Macedonians reflect the complexities of the historical evolution of the Macedonian State and Macedonian identity in the context of national and ethnic strife in the region in the 20th century. Dissatisfaction of ethnic Albanians with their group status, language and educational rights, as well as alleged discriminatory practices, contributed to political tensions between the ethnic Albanian and the ethnic Macedonian communities. Ethnic Albanians boycotted the referendum on independence in 1991 and held their own referendum on territorial autonomy in January 1992, in

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which about 99,9% of the ethnic Albanians voted in favour of autonomy. The Macedonian government declared the referendum illegal.

49. The ethnic Albanian community's demands for greater language and educational rights reflected the dispute over Article 7 of the FYROM Constitution, which declared the Macedonian language and Cyrillic alphabet the official language of the country. The ethnic Albanian community had been demanding equal status for the Albanian language. The Albanian community also demanded legitimacy for the Tetovo University with instruction in Albanian. The University was declared unconstitutional by the FYROM government.

50. The ethnic Albanian community also expressed dissatisfaction about its limited representation in all spheres of Macedonian society. The pre-conflict statistics show that ethnic minorities constituted 8.7% of law-enforcement officers of the Ministry of the Interior, while the proportion of ethnic Albanians in the FYROM Army was 25%.

51. Subsequent to the dissolution of SPRY, the FYROM Parliament adopted a declaration of independence on 17 September 1991. Following this declaration, simmering political tensions between the country's ethnic Macedonian and Albanian communities were exacerbated by the war in Kosovo and the subsequent influx of Albanian refugees into Macedonia in 1999. In 2001 these tensions finally culminated in an internal ethnic Albanian-Macedonian armed conflict within the FYROM borders.

ARMED CONFLICT

52. The armed conflict began in January 2001 and continued until at least late September 2001. The two major warring parties in the conflict were the FYROM Security Forces (the army and police units) and the ethnic Albanian National Liberation Army ("NLA"). On 13 August 2001 the Ohrid peace agreement was signed between the two parties. Occasional clashes continued thereafter. During the conflict, at least 60 members of the FYROM security forces were killed and about 300 were wounded. According to one source, the NLA lost 67 men. About 170,000 people fled their homes during the seven month conflict with 160,000 having returned by August 2002. As of August 2002, about 7,400 persons remained displaced within the country, with some 3,000 refugees residing in Kosovo.

53. During the armed conflict approximately 6,500 houses were damaged to varying degrees in the conflict affected areas. The majority of the damaged houses belonged to ethnic Albanian residents. About 3,547 were damaged between 0 and 20%, 1,531 were damaged between 21 and 40%,717 were damaged between 41 to 60% and 848 were damaged between 61 to 100%.

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54. The NLA waged the conflict as guerrilla warfare in the form of hit and run operations. It attacked FYROM police stations and police patrols, planted mines, and engaged units of the FYROM army. As the conflict spread out from the areas bordering on Kosovo towards Tetovo and Skopje, the NLA established control over a number of villages. Almost daily skirmishes between the NLA and the FYROM security forces culminated in full-scale battles in the area of Tetovo in March and in the Skopje suburb of Aracinovo in June 2001. In the course of the conflict the FYROM security forces used tanks, artillery and combat aircraft. The attack on Ljuboten was the last joint operation of the FYROM security forces before the signing of the Ohrid peace agreement on 13 August 2001.

LJUBOTEN VILLAGE

55. Ljuboten is a predominately ethnic Albanian village about 12 kilometres by air from the closest section of the Serbia and Montenegro - FYROM border, and 10 kilometres by air from the centre of Skopje, the capital of FYROM. The village is situated in Cair municipality and sits at the south-western foot of the Skopska Crna Gora mountain ridge in the northern part of Macedonia. It is surrounded by the predominantly ethnic Macedonian villages of Ljubanci, Rastak and Radisani. The village of Ljubanci abuts the village of Ljuboten, its centre being about 1,5 kilometres from Ljuboten.

56. According to the 1994 population census, Ljuboten had a population of 2,010 persons comprised of 93% ethnic Albanians. On the morning of Sunday 12 August 2001, there were about 2,300 men, women and children in Ljuboten. On the afternoon of 10 August 2001, about 50 people had left the village. After the major attack on Ljuboten on Sunday 12 August 2001, hundreds of residents started to leave the village in convoys in the direction of Skopje to flee the attack.

FYROM ARMY AND NLA POSITIONS NEAR LJUBOTEN

57. In August 2001 Ljuboten was in the operational area of the 1st Guardist Brigade of the FYROM army. Units of the 1st Guardist Brigade held the front-line Ecmeniste, Kula, Vukova Glava, St. Nikita monastery, Bel Kamen and Carsija. rd The positions of the 3 Battalion of the 1st Guardist Brigade were in the immediate vicinity of Ljuboten. The headquarters of the 3rd Battalion was located in Ljubanci, less than 1 kilometre away from Ljuboten. The total strength of the 3rd Battalion was about 500 men.

58. The 1st company of the Battalion held positions in the village of Brodec, about 6 kilometers from Ljuboten. The 2nd company of the Battalion held positions in the mountain ridge north of Ljuboten, directly above the village. The nearest FYROM army position "Smok" manned by the 2nd company of the 3rd Battalion was about 300 meters from Ljuboten. The 2nd company also had two 82-mm mortars and

Case No.: IT-04-82-PT Page 14 of 17 2 November 2005 CwLr Prosecutor v. Ljube BOSKOSKI and Johan TARCULOVSKI Amended Indictment

two B-1 76-mm artillery pieces. The 3rd Company of the Battalion held positions in the village of Rastak, about 5 kilometers from Ljuboten by road. The Battalion's heavy mortar battery of six 120-mm mortars was located at a distance of about 2 kilometers above Ljuboten. As of 10th August 2001 there were no FYROM or NLA military elements in Ljuboten.

59. As of 10 August 2001, the nearest positions of the NLA were those of the NLA 114th Brigade. These positions were based in the area of Matejce monastery across the other side of the Skopska Crna Gora ridge, about 8 km by air north east of Ljuboten, and were manned by the 114th Brigade's 2nd battalion. The strength of the 2nd Battalion was approximately between 400 - 500 men. The Battalion had several 60-mm and 82-mm mortars.

MINE INCIDENT

60. At about 8.00 a.m., on Friday 10 August 2001, about 5 kilometres north of Ljuboten, in the Skopska Cma Gora mountain ridge area, a FYROM military vehicle belonging to the 3rd battalion of the 1st Guardist Brigade was destroyed by a remote-controlled explosive device in an ambush at a place called Ljubotenski bacila which was about 200 meters from the positions of the FYROM 3d battalion. The vehicle was carrying an outgoing shift of soldiers of the 2nd company to Ljubanci.

61. Eight FYROM soldiers were killed in the incident. Two of those killed were residents of the bordering village of Ljubanci. Immediately following the explosion, members of the NLA opened fIre on the truck, causing the FYROM 2nd Company to respond and resulting in an exchange of fire between the two groups which lasted for several hours. This NLA element was further attacked by FYROM Air Force Mi-24 helicopters in the area of Ljubotenski bacila that mornmg.

ATTACK ON LJUBOTEN - FRIDAY 10 AUGUST 2001

62. The same day, on Friday 10 August 2001, following the exchange of fIre between the NLA and the 3rd Battalion, the 3rd Battalion opened small arms fIre and fired at least two mortar/cannon rounds into Ljuboten, presumably in retaliation for the death of the 8 soldiers in the Ljubotenski Bacila area. These rounds killed two civilians including a 5 year old child. There were no legitimate military targets in the village other than possibly a group of 3 armed persons. No hostile acts were committed by these men or any members of the popUlation from the village. Later that day, a police unit commanded by Johan TARCULOVSKI arrived in the neighboring village of Ljubanci. During the night of the 10 and 11 August 2001 this unit made a reconnaissance of Ljuboten.

Case No.: IT-04-82-PT Page 15 of 17 2 November 2005 ~i~ Prosecutor v. Ljube BOSKOSKI and lohan TARCULOVSKI Amended Indictment

AIT ACK ON LJUBOTEN VILLAGE-SATURDAY 11 AUGUST 2001

63. Between 8.00 a.m. and 10.00 a.m. on Saturday 11 August 2001, the 3rd Battalion opened small arms fire on Ljuboten. Later that day between 5.30 p.m. and 6.00 p.m. Johan TARCULOVSKI's police unit fired several 64-mm rockets into the village. There were no legitimate military targets in the village nor were any hostile acts committed by members of the population from the village.

AIT ACK ON LJUBOTEN VILLAGE - SUNDAY 12 AUGUST 2001

64. On Sunday 12 August 2001, the village of Ljuboten came under an intensive combined attack by a police unit commanded by Johan TARCULOVSKI and the FYROM army. At about 8.00 a.m. Johan TARCULOVSKI's police unit comprised of about 100 men entered the north-western end of Ljuboten from Ljubanci. The ground assault of this group developed along the road along the north-south axis of the village. The assault focused mainly on the northern and eastern parts of the village, as the unit moved down the Fifth Street (Ulica Pet), before turning east towards Rastak by road. The unit burnt houses and left a trail of destruction as they progressed through Ljuboten.

65. The 3rd Battalion of the 1st Guardist Brigade provided fire support for the police ground assault and fired between 40 and 60 120-mm, 82-mm and 76-mm rounds into and around the village between about 6.00 a.m. and 10.00 a.m. The shelling was calculated to dissolve any possible resistance to the advancing police unit of Johan TARCULOVSKI that may have been present in the village.

66. As a result of the combined police and army attack on the village on Sunday 12 August 2001, within 4 to 6 hours, six Albanian civilian residents were shot by Johan TARCULOVSKI's police unit and one Albanian civilian resident was killed by the army's shelling. Simultaneously Johan TARCULOVSKI's police unit systematically burned at least 14 houses in the village. In conjunction with the shelling of the houses by the army, a total of 21 houses were destroyed, partially destroyed or damaged by burning, shooting, shelling or by a combination of all three. Twelve residents were severely beaten and detained, ten of whom were taken to the Mirkovci police station. One of these men died due to the cruel treatment he received. Most of the residents were forced to flee the village to avoid death and injury.

67. After the ground attack, in the early to late afternoon, about 90 male civilian residents from Ljuboten were arrested by police when they were fleeing the village. They were then transported to and detained at various detention centres in and around Skopje where they were held and cruelly treated for up to 48 hours.

Case No.: IT-04-82-PT Page 16 of 17 2 November 2005 I.(O~S Prosecutor v. Ljube BOSKOSKI and lohan TARCULOVSKI Amended Indictment

68. On Sunday 12 August 2001, the presence of armed Albanian combatants in Ljuboten was assessed to be limited to a maximum of about 10-15 persons armed with automatic weapons and at least one machine-gun. These individuals acted either alone or in small groups to oppose the advance of Johan T ARCULOVSKI' s police unit.

69. In addition, on 12 August 2001, a contingent of about 60 NLA combatants arrived outside Ljuboten from Nikustak, a village about 12 kilometres from Ljuboten. The group attempted to outflank the 2nd Company of the 3rd battalion and enter Ljuboten. However, this group was spotted by the army in the area of Bel Kamen and Rastanski Potok, about 4 kilometres from Ljuboten, and the 2nd company of the 3d Battalion opened fire on them. Sources report that the NLA suffered casualties from the firepower of the army.

70. Between 10.00 and 11.00 a.m. the NLA opened fire with 82-mm mortars from the area of Bel Kamen, hill 1470, up to 4 kilometres from Ljuboten, at the positions of the 2nd company of the 3rd Battalion, in an attempt to cover the withdrawal of the NLA unit. All combat activities on 12 August 2001 around the village of Ljuboten ceased between 4.00 and 5.00 p.m.

Dated this 2nd day of November 2005 At The Hague The Netherlands

Case No.: IT-04-82-PT Page 17 of 17 2 November 2005 Prosector v. Ljube BOSKOSKI and lohan TARCULOVSKI Amended Indictment SCHEDULE A - WANTON DESTRUCTION VICTIMS

Psd." III Date Details of Destruction NORTHERN LJUBOTEN 25% damage. The house was significantly damaged by arson (most likely petrol). A M-025 l2-Aug-01 large of area of the roof was burnt, inside of house (walls) were burnt but not outside, with some windows broken. 64 % damage. The house was extensively burnt with oil possibly also damaged by M-044 12-Aug-Ol grenades. The roof was completely burnt, walls, floor and internal structures damaged by fire and windows and doors completely destroyed. 57 % damage. The house was substantially damaged by arson. The roof of the house was burnt down and there was extensive damage to the walls and floor. M-046 12-Aug-01

64% damage. The house was extensively damaged by arson. The roof of the house was M-047 l2-Aug-01 burnt down and, windows and doors were completely destroyed. The walls, floor and internal structure were partially burnt by fire. 44 % damage. The house was severely damaged by arson and possibly also motar shells M-049 12-Aug-Ol or cannon bombs. The roof was burnt down and the internal construction was damaged by shells. 64 % damage. The house was extensively damaged by arson. The roof of the house was burnt down and, windows and doors were completely destroyed. The walls, floor and M-074 12-Aug-01 internal structure were partially burnt by fire. A shop adjunct to the house was damaged, possibly by hand grenades. UPPER EASTERN LJUBOTEN 64 % damage. The house was extensively destroyed by arson. The roof of the house was completely burnt. The walls and floor were extensively damaged from burning. The M-123 l2-Aug-01 internal construction was partially damaged and windows and doors, completely destroyed.

57% damage. The house was substantially burnt by arson, possibly with the use of petrol. The roof was completely burnt. The walls, floor and internal construction were damaged M-055 l2-Aug-Ol by fire. Windows and doors were completely destroyed.

24% damage. The house was significantly damaged by bullets. There was minor damage 10 and 12- M-066 to the roof by shells, and the walls and floor had mortar and shell perforations.Windows Aug-200! were broken. 58% damage. The house was substantially burnt by arson, possibly with the use of petrol. M-077 12-Aug-Ol The roof of the house was completely burnt. The walls and floor were burnt and the windows and doors completely destroyed.

57 % damage. The house was substantially burnt, possibly from hay stacks close to the house which were ignited. The roof of the house was completely burnt. The walls were M-078 l2-Aug-Ol damaged with bullet holes and windows and doors were completely broken.

LOWER EASTERN LJUBOTEN 30% damage. The house was significantly damaged by arson and possibly also mortars or M-039 12-Aug-01 canons. Some tiles on the roof were missing or damaged, and there were shell perforations on exterior and interior walls. Windows were also broken. 60 % damage. The house was extensively damaged firstly by shooting and then by arson, using gasoline. The roof was completely burnt, walls and floor were damaged by shell M-040 12-Aug-01 perforations caused by the shooting, the interior damaged by fIre and windows and doors completely destroyed. 30 % damage. The house was significantly damaged by arson, a bam was also burnt, M-041 12-Aug-01 possibly from being ignited from bullets. The walls had bullet perforations, and the interior was extensively damaged by fire. Windows were broken.

Case No.: IT-04-82-PT Page 1 of 1 2 November 2005 Prosecutor v. Ljube BOSKOSKI and Johan TARCULOVSKI Amended Indictment SCHEDULE B - CRUEL TREATMENT VICTIMS :\0 Yictim Datcs LOl"ation Details or Incidcnt ADEM AMETOVSKI'S HOUSE 12-Aug-01 In the yard Punched and kicked and also hit with wooden sticks. As a result of this and other beatings, I M-012 around 12 noon. the victim was covered in blood and lost consciousness.

12-Aug-0l In the yard Punched and kicked and also hit with a Kalashnikov from his head to toes. Hit with wooden 2 M-003 around II am. sticks. The existence and extent of any injuries is unknown. 12-Aug-01 In the yard Punched and kicked and hit with a Kalashnikov on his hands, head, sholders and ribs. Hit 3 M-013 between 10 am with rifle butts and wooden sticks. The victim's nose was broken, he was bleeding and finally and 12 noon. fainted after being beaten. 12-Aug-01 In the yard Kicked and shot in the arm. Hit with rife butts and wooden sticks. The victim's arm which 4 M-016 around lOam nd was shot was bleeding profusely. llam I 2-Aug-0 1 In the yard Punched and kicked to the head. Hit with rifle to the head and hit also with wooden sticks. 5 M-017 The existence and extent of any injuries is unknown. 12-Aug-Ol in In the yard Punched and kicked. Hit with wooden sticks, rifle butts. He was also stomped on the back. 6 M-018 the morning As a result of this and other beatings, the victim suffers from fits of diziness and memory lapses and is unable to do physical work. 12-Aug-Ol In the yard or the street Punched and kicked. Hit with wooden sticks, rifle butts. Shot dead when trying to escape. Sulejman 7 BAJRAMl I 2-Aug-0 1 In the yard Punched and kicked. Hit with Kalashnikov butts, arms, wooden sticks. He was also stomped 8 M-019 on the back. As a result of this and other beatings, the victim suffers from health problems and lapses of memory. I 2-Aug-0 I In the yard Punched and kicked. Hit with wooden sticks, rifle butts. The existence and extent of any 9 Atulla QAILI injuries is unknown.

I 2-Aug-0 1 In the yard Punched and kicked. Hit with wooden sticks, rifle butts. As a result of this and other 10 M-071 beatings, the victim has suffered long term physical and psychological pain and is unable to work. 12-Aug-01 In the street Punched and kicked. Hit with wooden sticks, rifle butts. He was aslo stomped on the back around II am. and a cross was carved on his back (30 cm long, 20 cm wide) with something sharp, II M-072 probably a knife. The victim suffered long term physical and psychological injury from these and other beatings at other places that weekend.

Muharrem 12-Aug-01 In the yard Punched and kicked. Hit with wooden sticks, rifle butts. Shortly after he was shot dead. 12 RAMADANI I 2-Aug-0 1 In the yard Punched and kicked. Hit with wooden sticks, rifle butts. As a result of this beating and 13 M-073 beatings at other places following, the victim received injuries to his face, nose, back and stomach, and still has marks on his legs. BRACA HOUSE CHECKPOINT I M-012 12-Aug-01 On the way to and outside Kicked and hit with rifle butts. Pushed into a canal and forced afterwards to stay without pants or underpants. As a result of this and other beatings, the victim was covered in blood and lost consciousness. 2 M-003 12-Aug-01 On the way to Badly beaten. The existence and extent of any injuries is unknown. 3 M-013 I 2-Aug-0 1 After 40 meters walking Hit on left side rib and nose. Nose broken, fainted. 4 M-017 I 2-Aug-0 1 in On the way to and outside Kicked and hit on the head with rifle butts. Victim's back jumped on. The existence and the early extent of any injuries is unknown. afternoon 5 M-018 12-Aug-01 Outside Very badly beaten and eventually fainted. As a result of this and other beatings, the victim suffers from fits of diziness and memory lapses and is unable to do physical work. 6 M-019 12-Aug-01 On the way to and outside Very badly beaten. Burnt with piece of wood on fire on his naked back Mark on his back. As a result of this and other beatings, the victim suffers from health problems and lapses 0 memory. 7 Atulla QAILI 12-Aug-01 Uk Badly beaten. In very bad condition after this maltreatment; died shortly after. 8 M-071 12-Aug-Ol On the way tolat Braca House Kicked and hit with weapon. Beating lasted 30 mins while victim had his face on the ground. Almost fainted. As a result of this and other beatings, the victim has suffered long term physical and psychological pain and is unable to work. 9 M-072 12-Aug-Ol On the way to and outside Severely beaten. The victim suffered long term physical and psychological injury from these between 12.30 and other beatings. and Ipm 10 M-073 12-Aug-Ol On the way to and outside Countinuously beaten while walking. Hit in stomach, shoulders and head. Burnt several times between 12 on legs. Hit while lying down. Eventually fainted. As a result of this beating and beatings at noon and Ipm other places that weekend, the victim received injuries to his face, nose, back and stomach, (most probably and still has marks on his legs. Ipm) MIRKOVCI POLICE STATION I M-013 12 to 13-Aug- Uk Beaten at least once by policemen although unconscious. As a result of this beating and 01 around lam beatings at other places that weekend, the victim had broken teeth, a swollen head and was covered with blood.

Case No.: IT-04-82-PT Page 1 of 10 2 November 2005 Prosecutor v. Ljube BOSKOSKI and lohan TARCULOVSKI Amended Indictment SCHEDULE B - CRUEL TREATMENT VICTIMS Nil \ irtim Dates Lllt'atio/l Details III' IlIddent 2 M-Ot2 12 to l4-Aug- In the basement Beaten twice. Humiliated since refused to be given underpants. The victim received a wound 01 between and his feet were bleeding. As a result of this and other beatings, the victim was covered in 3.30pm and blood and lost consciousness. 6.lSpm

3 M-003 12 to l4-Aug- In the basement Beaten until midnight with various implements; denied medical care. The existence and 01 between extent of any injuries is unknown. 3.3Opm and 6.1Spm

4 M-Ot7 12 to 13-Aug- In a room Kicked and was in very bad condition. 01 around lam S M-OtS 12 to 13-Aug- Uk Sprayed with cold water as punishment. Recent surgery scar reopened due to beating. In bad 01 around lam condition. As a result of this and other beatings, the victim suffers from fits of diziness and memory lapses and is unable to do physical work. 6 M-Ot9 12 to l4-Aug- In the basement Beaten. As a result of this and other beatings, the victim suffers from health problems and 01 between lapses of memory. 3.30pm and 6.lSpm 7 Atulla QAILI 12 to 13-Aug- uk Kicked in the head in spite of bad condition. Face and body swollen and bruised, unable to 01 overnight move by himself. Blood was running from every side of his head. Pronounced dead by medical personnel who took him away.

8 M-071 12 to l4-Aug- In the garage Beaten during 48 hour detention. Hit with rifle butts, shovels. Sprayed with cold water. As a 01 between result of this and other beatings, the victim has suffered long term physical and psychological 3.30pm and pain and is unable to work. 6.ISpm 9 M-072 12-Aug-2001 In the garage Punched and kicked. Hit with truncheons on his hands. Sprayed with cold water. Beaten so between 1.0Opm badly that couldn't move. The victim suffered long term physical and psychological injury and I.3Opm to from these and other beatings. 14-Aug-0 I around lam

10 M-073 12 to l4-Aug- Big hall or room and garage Beaten for 2 days and nights. Sprayed with cold water. As a result of these and other beatings 01 around the victim received injuries to the face, nose, back, stomach and has severe body pain but 6.ISpm especially in the stomach. BUZALAK I KODRA E ZAIMIT CHECKPOINT 1 M-OOt 12-Aug-Ol Punched and kicked. The existence and extent of any injuries is unknown.

2 M-002 12-Aug-Ol Beaten. The existence and extent of any injuries is unknown.

3 M-004 l2-Aug-Ol Close to the checkpoint Forced to lay down on the field beside the road. The existence and extent of any injuries is around 3pm or unknown. 4pm 4 M-OOS l2-Aug-Ol after Close to the checkpoint, and Punched and kicked. Hit with truncheons and rifle butts. Forced to lay down on the ground Spm at checkpoint while walked and jumped on. Beaten with basebalI bats for two hours. The existence and extent of any injuries is unknown. S M-093 l2-Aug-Ol At the checkpoint Ordered to lie down facing the ground. Hit with Kalashnikovs and other objects. The between noon existence and extent of any injuries is unknown. and 2pm

6 M-007 l2-Aug-Ol at At the checkpoint Hit on his back with butts of automatic rifles while getting into the jeep. Threatened to be 6pm killed. Told that he would never see Ljuboten again. As a result of this and other beatings the victim suffers from problems with his kidneys and has psychological problems. 7 M-OOS 12-Aug-0 1 At the checkpoint Ordered to lie down facing the ground. As a result of this and other beatings, the victim has between noon problems with his chest and kidneys and suffers from psychological problems. and 2pm 8 M-OtO l2-Aug-Ol at At the checkpoint Hit on his back with butts of automatic rifles while getting into the jeep. The existence and 6pm extent of any injuries is unknown.

9 M-On l2-Aug-Ol after At the checkpoint Kicked for about 10 mins while lying down. Kicked about 4-S times mostly on back. 6pm Threatened to be executed. The existence and extent of any injuries is unknown.

10 M-094 l2-Aug-Ol after At the checkpoint Hit with Kalashnikovs and other objects. The existence and extent of any injuries is noon and 13- unknown. Aug-Ol

II M-006 12-Aug-01 after SO meters before checkpoint Beaten while carrying a 2 week old baby in his arms. Still suffers from headaches, lost 2pm consciuosness twice. As a result of this and other beatings the victim's right shoulder badly injured and he is unable to do physical work with his right hand. 12 M-Ot4 12-Aug-01 20 or 30 meters from the Shot in the forehead left side while running away. Fainted when hit. Suffered extensive checkpoint damage to the skull bone. After surgery parts of his skulI were removed. As a result of the incident he is disabled and suffers from frequent loss of consciousness. His activity is severely reduced and needs to wear a head protection gear to protect him from sunlight.

Case No.: IT-04-82-PT Page 2 of 10 2 November 2005 Prosecutor v. Ljube BOSKOSKI and lohan TARCULOVSKI Amended Indictment SCHEDULE B - CRUEL TREATMENT VICTIMS

!'ill Victim Dates I A)('atilln Details Ill" Incident 13 M-09S 12-Aug-Ol At the checkpoint Hit with rifle butts and big branches while lying on road facing the ground. Kicked to the around 2pm stomach when he tried to raise his head to look up. The existence and extent of any injuries is unknown.

14 M-096 12-Aug-Ol after At the checkpoint Hit with Kalashnikovs and other objects. The existence and extent of any injuries is noon and 13- unknown. Aug-Ol

15 M-OIS 12-Aug-Ol At the checkpoint Kicked. Hit with automatic rifles. Jumped on back with boots. The existence and extent 0 between Ipm any injuries is unknown. on

17 M-031 12-08-2001 at 100 meters before checkpoint Lying face down in the road, shot at by the police after he tried to run away. Punched on face about Ipm for and back, on two occasions and eventually fainted. The existence and extent of any injuries is about 2 hours unknown. 18 M-030 12-Aug-01 at 100 meters before checkpoint Hit to the head with sticks. Bleeding from head, nose and ears. Kicked. Hit with rifle butts about Ipm for and at the checkpoint and wooden sticks. Lying face down in the road, shot at by police after tried to run away. about 2 hours 21 M-03S 12-Aug-01 At the checkpoint Punched and kicked. Hit by rifle butts, wooden sticks. As a result of this and other beatings, around 3pm or the victim still suffers from pain in his legs. 4pm 22 M-097 12-Aug-01 after At the checkpoint and in a Punched and kicked. Mentally disabled, badly beaten up because did not understand to keep 5pm Land Rover at the checkpoint quiet. The existence and extent of any injuries is unknown.

23 M-OS7 12-Aug-01 after 200m from the checkpoint Kicked and ordered to lie down on the field while hit with rifle butts on back. Yelled at and noon cursed. As a result of this and other beatings, the victim suffers from a permanent headache, pain in the left side of his chest and occasional sleeplessness, and is permanently on medication for heart and stomach problems. 24 M-061 I 2-Aug-0 I At the checkpoint Hit three or four times on the let part of rib cage and back jumped and walked over. The existence and extent of any injuries is unknown. 25 M-062 12-Aug-01 in About 300-400 meters bafore Ordered to lay down facing the ground, back walked on. As a result of this and other the afternoon checkpoint and at the beatings, the victim still has problems in his left ear. checkpoint 26 M-063 12-Aug-01 after At the checkpoint Punched and kicked. Hit with rifle butts. Threatened to be killed. Eye completely black for I 4pm and 13- week. Presently has feeling of pressure at back of head, headaches. Aug-Ol in the afternoon 27 M-064 12-Aug-01 at At the checkpoint Made to lie on the field while rifles were pointed at him. Face was black and blue and 6pm covered in blood. 28 M-099 12-Aug-01 after At the checkpoint Punched and hit with rifle butts. Threatened to be killed. The existence and extent of any 4pm injuries is unknown. 29 M-IOO 12-Aug-01 after At the checkpoint Punched and hit with rifle butts. Threatened to be killed. The existence and extent of any 4pm injuries is unknown. 30 M-IOI I 2-Aug-0 I at At the checkpoint Made to lie on the field while guns were pointed at him. Beaten repeatedly. Face black and 6pm blue and covered in blood. 31 M-06S I 2-Aug-0 I after At the checkpoint Punched and hit with rifle butts. Threatened to be killed. As a result of this and other beatings 4pm the victim suffers from pain in his kidneys. 32 M-I02 12-Aug-O I after At the checkpoint Punched and hit with automatic rifle butts. Back jumped on. Threatened to be killed. Face 4pm, possibly black and blue and covered in blood. Back was black from bruises. about 4.30pm 33 M-I03 I 2-Aug-0 I at At the checkpoint Hit with rifle butts. Made to lie face down in the field without t-shirt, while rifles were 6pm pointed at him. Face was black and blue and was covered in blood, ribs were broken. Back was black from bruises

34 M-I04 I 2-Aug-0 I after At the checkpoint Punched and hit with rifle butts. Threatened to be killed. The existence and extent of any 4pm injuries is unknown. 35 M-067 12-Aug-01 after 50 meters before checkpoint Hit with Kalashnikov and other objects. As a result of this and other beatings, the victim still 2pm and at checkpoint feels some pain in his back. 36 M-IOS l2-Aug-01 after Before the checkpoint, at the Hit with Kalashnikov and other objects. The existence and extent of any injuries is unknown. 12.30 noon checkpoint

37 M-068 12-Aug-01 after Before the checkpoint Ordered to lie facing the ground, & take off t-shirt. As a result of this and other beatings, the 12.30 noon victim was medically shown to have received two broken ribs on his left side.

38 M-069 12-Aug-OI after At the checkpoint Kicked on back. Hit with Kalashnikovs and other objects. Fainted. As a result of this and 12 noon and 14- other beatings, the victim suffers from occasional breathing problems and permanent pain in Aug-Ol before back and also psychological problems from the trauma. 3pm

Case No.: IT-04-82-PT Page 3 of 10 2 November 2005 Prosecutor v. Ljube BOSKOSKI and Johan TARCULOVSKI Amended Indictment SCHEDULE B - CRUEL TREATMENT VICTIMS 'iOW

in face by civilian with his head. The existence and extent of any injuries

M-I06 Hit with black sticks. Forced to put hand behind head while naked back walked on. existence and extent of any injuries is unknown.

M-07S 12-Aug-Ol to lie down facing the ground. As a and other beatings, the between from pain in his chest from being hit with a rifle butt and sometimes has nightmares. and 2pm M-I07 I 2-Aug-O I Kalashnikovs and noon and Aug-Ol M-076 12-Aug-OI take off t-shirt and lie facing ground. to put hand around Ipm forlched;point, thelpo'licc~mc~n walked on naked back. Hit with black sticks. Kicked with boots and about two hours Ichlecl{pClint lauton~atiic rifle struck over body. Hit with fists and rifle butts. As a result of this and the victim suffers from frequent headaches and has serious kidney problems.

5-10 minutes. Punched and kicked. Hit with automatic rifles. Back jumped of this and other beatings, the victim has hearing problems and also pain in his is unable to do any heavy physical work.

during 5-10 minutes. Punched and kicked. Hit with automatic result of this and other beatings, the victim received injuries to his lower spinal has been recommended for surgery. The existence and extent of any injuries is unknown.

Kicked before being put into a van. The existence and extent of any injuries is unknown.

Kalashnikovs and other objects. The existence and extent of any injuries

one hour. Punched and kicked. rifle butts. Reservist stood on . bruises to whole body, bleeding injuries to the head and also injury to the on left lower side. to the face, direct hit to jaw. Ordered to yelled and cursed at. Eye was swollen.

M-091 and kicked. Hit with truncheons and rifle butts. Back walked on and jumped. cuts and bleeding over body.

I BUTEL POLICE STATION M-OOI 12·Aug-OI In an unfurnished room left Tied up in groups of two. Punched and kicked. Hit with automatic rifles. The existence and between 2pm of the rear entrance of the extent of any injuries is unknown. qand 3pm station. In the yard where vehicles were parked. 2 M-002 12-Aug-OI after In yard on the parking area. Hit with a rifle butt on his upper arm. One rib broken after being beaten and in severe pain. sunset On the way to the police Condition was described as very poor and beaten as brutally as BAJRAMI Abruraman. vehicle. In a small, dark room 2x4 meters, small window 20x20cm

3 M-004 12-Aug-O I after Outside and in the basement Beaten as he walked between 2 lines of police officers, cursed. The existence and extent 0 4pm any injuries is unknown.

4 M-OOS I 2-Aug-O I late Outside and in the basement Beaten as he walked between 2 lines of police officers. Hit with truncheons, rifle butts. sticks evening after and other equipment. Cursed and threatened to be killed. Hit with own shoes and belt. The 5.30pm existence and extent of any injuries is unknown.

5 M-009 12-Aug-OI from In a corridor Punched and kicked as he walked through corridor. Hit with rifle butts. belts. Injuries on the early to late body and face. swollen lips, bruises on body afternoon

6 M-093 12-Aug-OI In an unfurnished room left Tied up in groups of two. Punched and kicked. Hit with automatic rifles. The existence and between 2pm of the rear entrance of the extent of any injuries is unknown. and 3pm station. In the yard where vehicles were parked.

7 M-008 12-Aug-OI In an unfurnished room left Tied up in groups of two. Punched and kicked. Hit with automatic rifles. Hit once in the between 2pm of the rear entrance of the face. Back jumped on. Bled to the face. As a result of this and other beatings. the victim has and 3pm station. In the yard where problems with his chest and kidneys and suffers from psychological problems. vehicles were parked.

Case No.: IT-04-82-PT Page 4 of 10 2 November 2005 Prosecutor v. Ljube BOSKOSKI and Johan T ARCULOVSKI Amended Indictment SCHEDULE B - CRUEL TREATMENT VICTIMS

~o Yictim Datcs Location Details or Inddcnt 8 M-Oll 12-Aug-01 In an unfurnished room left Tied up in groups of two. Punched and kicked. Hit with automatic rifles. The existence and between 2pm of the rear entrance of the extent of any injuries is unknown. and 3pm station. In the yard where vehicles were parked 9 M-094 I 2-Aug-0 I after At the back entrance. In a Punched and kicked while walking between two lines of policemen. Beaten all over his body. 12.45 noon room on left 3x5 meters, Beaten again in same way on leaving police station. The existence and extent of any injuries window with bars is unknown.

10 M-006 I 2-Aug-0 I In an unfurnished room left Tied up in groups of two. Punched and kicked. Hit with automatic rifles on his head as he between 2pm of the rear entrance of the passed through two lines of policemen. Ordered to lie on floor of jeep while police jumped and 3pm station. In the yard where on back and pointed Kalashnikovs at him. As a result of this and other beatings the victim's vehicles were parked. right shoulder badly injured and he is unable to do physical work with his right hand.

II M-OIS 12-Aug-01 after In the yard; small dark, empty Punced and kicked while going through corridor of police officers, about 20 on each side. sunset, possibly room 2x4 meters, no lights, Unable to walk at end of corridor due to beatings. Nose broken, bleeding heavily, bruises around6pm small window 20x20 cm, over and below eyes and cut on forehead from beatings to head. Still gets headache in the metal door sunlight.

12 M-098 12-Aug-01 after In the yard; small dark, empty Punched and kicked while going through corridor of police officers, about 20 on each side. sunset room 2x4 meters, no lights, Condition described as poor and beaten as brutally as BAJRAMI Abduraman. small window 20x20 cm, metal door 13 Mo03S 37115 On the way out of the Heavily beaten. As a result of this and other beatings, the victim still suffers from pain in his basement legs. 14 M-OS7 l2-Aug-01 In a small, unfurnished room Tied up in groups of two. Punched and kicked to the face. Hit with automatic rifles. As a between 2pm left of the rear entrance of the result of this and other beatings, the victim suffers from a permanent headache, pain in the and 3pm station. In the yard where the left side of his chest and occasional sleeplessness, and is permanently on medication for heart vehicles were parked. and stomach problems.

15 M-061 12-Aug-01 At the back entrance on the Punched and hit with Kalashnikov butts and barrels. Got seven or eight hits to neck, back and way in. In the basement head. One policeman hit his face against the floor. The existence and extent of any injuries is corridor. unknown.

16 M-062 I 2-Aug-0 I in In a cell in basement 2.5x 3.5 Punched and kicked while dragged from car to police station. As a result of this and other the afternoon, meters, small window with beatings, the victim still has problems in his left ear. possibly around bars, no light. 6pm 17 M-I13 12-Aug-01 after In a room Punched and kicked. Hit on head and other parts of the body with truncheons, rifle butts. The 12.45 noon, existence and extent of any injuries is unknown. Handcuffed to MUSTAFA Ersan on the way possibly around to police jeep outside station. 2.3Opm to 4pm

18 M-067 12-Aug-01 after At the back entrance, room Punched and kicked while walking between two lines of policemen. Hit allover his body 12.45, possibly on left 3x5 meters, window and on head with truncheons and rifle butts. Beaten again in same way on leaving police around 2.3Opm with bars, waiting room station. Handcuffed to MURSELI Xhevat on the way to police jeep oustide station. As a t04pm result of this and other beatings, the victim still feels some pain in his back. 19 M-I05 12-Aug-01 after At the back entrance, room Punched and kicked while walking between two lines of policemen. Hit all over his body 12.45, possibly on left 3x5 meters, window and on head with truncheons and rifle butts. Beaten again in same way on leaving police around 2.30 to with bars, waiting room station. Handcuffed to another detainee on the way to police jeep oustide station. The 4.00 pm existence and extent of any injuries is unknown. 20 M-068 12-Aug-01 after At the back entrance, room Punched and kicked while walking between two lines of policemen. Hit all over his body and 12.45, possibly on left 3x5 meters, window on head with truncheons and rifle butts. Beaten again in same way on leaving police station. around 2.30 to with bars, waiting room Handcuffed to another detainee on the way to police jeep oustide station. Fainted from severe 4.00 pm beatings. As a result of this and other beatings, the victim was medically shown to have received two broken ribs on his left side.

21 M-069 after 12.00 pm At the entrance of main gate Beaten by Police lined up in two lines, handcuffed in pairs and beaten while taken to police jeep on leaving station. As a result of this and other beatings, the victim suffers from occasional breathing problems and permanent pain in back and also psychological problems from the trauma. 22 M-076 12-Aug-01 after In the yard; in a small dark, Punched and kicked while going through corridor of police officers, about 20 on each side. sunset empty room 2x4 meters, no Hit by baseball bat and metal pipes. Condition described as poor and beaten as brutally as lights, small window 20x20 BAJRAMI Abduraman. As a result of this and other beatings, the victim suffers from cm, metal door in basement. frequent headaches and has serious kidney problems.

23 Mo081 I 2-Aug-0 I after In two cells in the basement, Punched and hit on head and body with baseball bat, and with different weapons when asked 2.1Opm one about 2x4 meters with a for water. Lost consciousness for about an hour. As a result of this and other beatings, the bed. victim has hearing problems and also pain in his back and is unable to do any heavy physical work. 24 M-079 12-Aug-01 late In the basement Kicked. Hit with rifle butts, wooden sticks, and baseball sticks.Fainted after got beaten. night 25 M-OSO I 2-Aug-0 I late Outside. In the basement. Punched and kicked while walking blindfolded through corridor of police officers who beat evening after him and hit with rifle butts. Beaten again after paraffin test. As a result of this and other 5.30pm beatings, the victim received injuries to his lower spinal bones and has been recommended for surgery.

Case No.: IT-04-82-PT Page 5 of 10 2 November 2005 Prosecutor v. Ljube BOSKOSKI and lohan TARCULOVSKI Amended Indictment Wig SCHEDULE B - CRUEL TREATMENT VICTIMS

:"lo , ktim Datcs I ,oration Details of Incidcnt 27 M-1l4 12-Aug-0l after At the back entrance. in a Punched and kicked while walking between two lines of policemen. Beaten all over his 12.45 noon room on left 3x5 meters, body. Beaten again in same way on leaving police station. The existence and extent of any window with bars injuries is unknown.

28 M-lll 12-Aug-01 from Uk Tied up with another detainee on leaving station. The existence and extent of any injuries is early to late unknown. afternoon

29 M-084 12-Aug-01 after In the yard, some barracks Hit with rifle butts while walked through corridor of 10 policemen on each side. Heavy 4pm behind the station beating and hit several times. Walked twice through this corridor. The existence and extent of any injuries is unknown.

30 M-091 I 2-Aug-0 I In a small room on first floor Hit with rifle butts while walked between path of police officers. Beaten so hard had to crawl between 2pm into station. The existence and extent of any injuries is unknown. and3pm , KISELA VODA I PROLECE POLICE STATION I M-009 12-Aug-01 late In a room on the ground Kicked to his face while being transported in vehicle. Hit with rifle butts, cables, baseball afternoon to 13- floor, in another room. bats and wooden sticks. Threatened that kids and and women would get killed. Victim was Aug-Ol about cut with scissors to the thumb of right hand and index finger of left. The existence and extent 3am of any injuries is unknown. 2 M-093 12-Aug-01 after Outside. In a room on right Beating while handcuffed two-per-two upon arrival. The existence and extent of any injuries 5pm after main entrance. is unknown.

3 M-007 12-Aug-01 at In the yard, on the way out Beaten for an hour. Kicked. Hit with rifle butts, wooden sticks, chains and cables. Policemen 6.30pm to 13- from the jeep, in a room walked on his back and put the barrel of gun into his mouth. After first severe beating he Aug-Ol fainted and was spitting blood. As a result of this and other beatings the victim suffers from problems with his kidneys and has psychological problems. 4 M-008 I 2-Aug-0 I late In a room on the ground Repeatedly kicked to the chest. Hit with rifle butts, cables and wooden sticks, baseball rods, evening floor, in another room. pieces of wood. Back jumped on. As a result of this and other beatings, the victim has Outside. In a room on right problems with his chest and kidneys and suffers from psychological problems. after main entrance. 5 M-OIO 12-Aug-01 late In a big room Hit while walking between 2 lines of policemen, with rifle butts, wooden sticks, water pipes. evening Hit on back during paraffin test. Ordered to lay facing the floor and walked on, while being simultaneously kicked and beaten. As a result of these and other beatings the victim was told by a doctor that kidneys were damaged and there was blood in urine. Still has pain in kidneys and chest. 6 M-094 12-Aug-O I after In a room Kicked and hit with truncheons. The existence and extent of any injuries is unknown. 5pm to 13-Aug- 01 after 5pm

7 M-006 12-Aug-01 after Outside. In a room on right Punched and kicked. Hit with the butt of Kalashnikov on his forehead. Hit with truncheons 5pm to 13-Aug- after main entrance 3 x 3.5 and other hard objects. Beating lasted until midnight on 12 August 0 J. Lost consciuosness 01 after 5pm meters twice and still suffers from headaches. As a result of this and other beatings the victim's right shoulder badly injured and he is unable to do physical work with his right hand. 8 M-Oll 12-Aug-01 late In a small room Hit with baseball bats, truncheons all over body. Had blood on the head. evening

9 M-096 12-Aug-01 after In a room on right after main Beaten during paraffin test, kicked on stomach and back. The existence and extent of any 5pm-13 AugOI entrance injuries is unknown.

10 M-llS Time is In a room on the ground floor Beaten while facing the floor two or three times, punched, kicked and hit with truncheons, unknown wooden sticks. The existence and extent of any injuries is unknown.

II M-1l6 12-Aug-O I after In a room on the ground floor Made to lie in the floor, hands tied behind back with isolation tape for about half an hour or 6pm or 6.30pm one hour, hot air was felt coming into the room, maybe from a heater. The existence and to 13-Aug-OI extent of any injuries is unknown. 12 M-03S 12-Aug-01 at In the yard, on the way out Beaten for an hour. Kicked. Hit with rifle butts, wooden sticks, chains and cables. Policemen 6.30pm to 13- from the jeep, in a room walked on his back.. put the barrel of gun into his mouth. As a result of this and other Aug-Ol beatings, the victim still suffers from pain in his legs. 13 M-OS7 12-Aug-01 late In a room on the ground floor Kicked and hit with hard objects. Shouted at and called bad names. As a result of this and afternoon to 13- about 4x4 meters then in other beatings, the victim suffers from a permanent headache, pain in the left side of his chest Aug-Ol midday another. and occasional sleeplessness, and is permanently on medication for heart and stomach problems.

14 M-1l3 12-Aug-01 after On a room on right after main Hit with baseball bats and truncheons all over this body. The existence and extent of any 5pm entrance injuries is unknown.

15 M-063 12-Aug-01 In a room on the ground floor Every half hour back was stepped on and kicked. Hit with truncheons and wooden sticks. evening to 13- Kicked in right side of chest. The existence and extent of any injuries is unknown. Aug-Ol afternoon

Case No.: IT-04-82-PT Page 6 of 10 2 November 2005 Prosecutor v. Ljube BOSKOSKI and Johan TARCULOVSKI Amended Indictment SCHEDULE B - CRUEL TREATMENT VICTIMS l\o Yictim Dates Location Details of Incident 16 M-064 I 2-Aug-0 I at Outside, on the way out from Hit with knees to the face and some unknown objects over whole body by policemen 6.30pm to 14- the jeep, in a big ground floor standing in the line, hit on his neck, hands, two or three times hit by truncheon, wooden Aug-Ol room sticks, rifle butts, cables, water pipes while head covered with t-shirt. He was bleeding after was beaten on one occasion.

17 M-06S 12-Aug-01 late In a room on the ground Punched and kicked while walking between 2 lines of policemen Hit with rifle butts, cables evening to 14- floor, in another room and wooden sticks. Ordered to lay on the floor, facing downwards while police walked on Aug-Ol at 2am back. Punched while doing paraffin test. As a result of this and other beatings the victim suffers from pain in his kidneys.

18 M-067 12-Aug-01 In a room about 3x4 meters; Hit with wooden sticks and truncheons on head and back. Kicked during paraffin test. around 4pm to in another room on same Beating started by commander for some hours. As a result of this and other beatings, the I 4-Aug-0 I floor victim still feels some pain in his back. around6pm

19 M-IOS 12-Aug-01 after In a room on right after main Hit with truncheons and wooden sticks on head and back. As a result of these and other Spm to 13-Aug- entrance 2.5x 2.S meters. In a beatings the victim suffered from headache for long time after the beatings. 01 after Spm 2nd room resembling an office 20 M-068 l2-Aug-01 after In a room on right after main Kicked and hit with truncheons and kicked while passing between two lines of police men, Spm to 13-Aug- entrance 2.Sx 2.S meters. In a about 10 on each side. Hands tied behind back, ordered to lie facing down, Punched and 01 after Spm 2nd room resembling an kicked and hit with automatic rifles, truncheons in room every S or 10 minutes and back office jumped on. Hit once with rifle on back. Punched in kidneys. Punched and kicked again all over body on leaving room and walking between 2-3 m long lines of people. As a result of this and other beatings, the victim was medically shown to have received two broken ribs on his left side. 21 M-069 12-Aug-01 Outside. In an office on the Beaten between two lines of policemen. Lay on the floor handcuffed and 40-S0 policemen about Spm or ground floor. In another walked and jumped on back. Handcuffs taken off and replaced with strong isolation tape. 6pm to 13-Aug- office on the same floor. Dragged by hair to office for paraffin test, kicked twice in stomach. Hit with baseball bats, 01 truncheons and other hard objects. Was unable to speak because of beating. Fainted for 10-IS mins. Face was swollen and had injuries to body.As a result of this and other beatings, the victim suffers from occasional breathing problems and permanent pain in back and also psychological problems from the trauma. 22 M-07S 12-Aug-O I after In a room on the ground Hit with hard objects while walking through two lines of police officers. Hit with rifle butts, 6pm or 6.30pm floor, in another room. cables and wooden sticks. Beaten on during paraffin test, kicked on stomach and back. As a to 13-Aug-OI result of this and other beatings, the victim suffers from pain in his chest from being hit with 6pm or7pm a rifle butt and sometimes has nightmares.

23 M-I07 12-Aug-01 In a room on the ground floor Beaten while facing the floor two or three times. Punched and kicked. Hit with truncheons, wooden sticks. The existence and extent of any injuries is unknown.

24 M-ll7 Time is In a room on the ground floor Beaten while facing the floor two or three times. Punched and kicked. Hit with truncheons, unknown wooden sticks. The existence and extent of any injuries is unknown. 2S M-110 Time is In a room on the ground floor Beaten while facing the floor two or three times. Punched and kicked. Hit with truncheons, unknown wooden sticks. The existence and extent of any injuries is unknown. 26 M-ll4 12-Aug-01 In a room, in another room. Beaten while facing the floor two or three times. Punched and kicked. Hit with truncheons, wooden sticks. The existence and extent of any injuries is unknown. 27 M-Ill I 2-Aug-0 I In a room, in another room. Hit with rifle butts, cables and wooden sticks. The existence and extent of any injuries is unknown. 28 M-089 I 2-Aug-0 I In a room about 3x4 meters; Hit with wooden sticks and truncheons on head and back. Kicked during paraffin test. around4pm in another room on same Beating started by commander and went on for some hours. Presently still feels pain. floor

29 M-ll2 Time is In a room Kicked. The existence and extent of any injuries is unknown. unknown 30 M-091 I 2-Aug-0 I In a room, in another room. Hit with rifle butts, cables and wooden sticks. Nearly beaten to death. Forced to lay on the ground with face, punched, kicked and hit with rifle butts. Kicked while in kneeling position, told twice by police officer "come on dog". Bruises and cuts to forehead, three broken ribs, cannot stand long now because of hit to spine.

BIT PAZAR POLICE STATION I M-OOS I 2-Aug-0 I Outside Beaten as he entered station. The existence and extent of any injuries is unknown. evening or night to 13-Aug-OI at 4amor Sam

2 M-007 13-Aug-01 In the backyard Beaten for 10 mins. Punched and hit with rifles As a result of this and other beatings the night to 14-Aug victim suffers from problems with his kidneys and has psychological problems. 01 evening

3 M-006 13-Aug-OI At the entrance. In a cell in Punched. Beaten before put in jeep on leaving police station. Still suffers from headaches, around II pm to the basement lost consciuosness twice. As a result of this and other beatings the victim's right shoulder I 4-Aug-0 I at badly injured and he is unable to do physical work with his right hand. lOam or Ilam

Case No.: IT-04-82-PT Page 7 of 10 2 November 2005 Prosecutor v. Ljube BOSKOSKI and lohan TARCULOVSKI Amended Indictment SCHEDULE B - CRUEL TREATMENT VICTIMS

~Il \idim Datcs I.IIl·atioll Details Ill" I nddcnt 4 M-075 13-Aug-01 In the backyard Beaten for \0 mins. Punched and hit with rifles The existence and extent of any injuries is night or evening unknown. to 14-Aug-01

5 M-llS \3-Aug-OI In the backyard Beaten for 10 mins. Punched and hit with rifles The existence and extent of any injuries is night or evening unknown. to 14-Aug-01

6 M-OS9 12-Aug-01 late In backyard, in small cell Beaten for \0 mins in 2-3 hour intervals. Hit to the head. As a result of the beatings the night to 14-Aug victim received several wounds and his nose was broken. 01 evening

7 M-091 \3-Aug-OI In the backyard Beaten for \0 mins. Punched and hit with rifles. The existence and extent of any injuries is night or evening unknown. to 14-Aug-01

KARPOS POLICE STATION I M-OOI 12-Aug-01 late In a room in the basement, Beaten very much. Fainted after severe beatings. evening after 2x2 meters, door and small 8pm or9pm window about 20x20 cm

2 M-002 I 2-Aug-0 I In several rooms inside Hit with rifles, baseball sticks in head and was beaten elsewhere on body. Two of his fingers evening around were broken by policeman. He still has scar on his head made by hit with the rifle on his 7pm or 8pm to head. \3-Aug-OI around lam or 2am 3 M-004 12-Aug-01 In the yard, in a cell in the Hit with rifle butts and truncheons in the yard and with baseball bats in cell. Was hit on the evening to 14- basement, in an office on the upper part of hands with truncheons during paraffin test and on back. Hit with truncheons Aug-Ol evening upper floor and baseball bats on way back to cell. The existence and extent of any injuries is unknown.

4 M-005 12-Aug-01 after In a hall, in a room Hit with baseball bats. Policemen walked on his back. Hit on upper side of hands several 6.30pm downstairs times. On the way out was ordered to lay down on the ground and pointed gun at his head, playing some kind of Russian roulette. Police officer pulled the trigger three times but did not fire. Three bullets fell from the gun next to his head. The existence and extent of any injuries is unknown. 5 M-015 12-Aug-01 late In a room in the basement, Punched, kicked to stomach, and hit with rubber sticks. At least 30 hrs in cell without eating. evening after 2x2 meters, door and small drinking or going to the toilet. The victim was throwing up blood after he got beaten; pain for 8pmor 9pm window about 20x20 cm 3-4 hrs after being kicked to stomach.

6 M-1l9 12-Aug-01 after On the way to the cell, in a Beaten so badly that he fainted while taken to paraffin test. At least 30 hrs in cell without 8pmor 9pm cell in the basement eating, drinking or going to the toilet. The existence and extent of any injuries is unknown.

7 M-031 12-Aug-01 In the basement Beating. The existence and extent of any injuries is unknown. evening or night

8 M-030 12-Aug-01 late In the police van on the way Beating. The existence and extent of any injuries is unknown. afternoon r to station evening 9 M-120 I 2-Aug-0 I after On the way out Beaten on the way to police jeep. The existence and extent of any injuries is unknown. 6.30pm

\0 M-121 12-Aug-O I after On the way to the cell, in a At least 30 hrs in cell without eating, drinking or going to the toilet. The existence and extent 8pm or9pm cell in the basement of any injuries is unknown.

11 M-035 l2-Aug-01 Uk Beaten. As a result of this and other beatings, the victim still suffers from pain in his legs.

12 M-122 12-Aug-01 In a hall inside Back walked on. The existence and extent of any injuries is unknown.

\3 M-061 I 2-Aug-0 I late In a ground floor conference Punched, kicked and was verbally provoked. Beaten on the way out of station. The existence evening after room and extent of any injuries is unknown. 6.30pm

14 M-062 12-Aug-O I after On the way to the cell, in a Arm was twisted and was also kicked in face. Hit with truncheons and baseball bats. Hit so 8pmor 9pm cell in the basement hard on head, stick was broken, hit on left ear. At least 30 hrs in cell without eating, drinking or going to the toilet. Left ear truned black and there was internal bleeding in it. Doctor said ear was badly injured. Still has problems when it gets cold. Hands were covered in blood. Believed nose was broken. As a result of this and other beatings, the victim still has problems in his left ear.

Case No.: IT-04-82-PT Page 8 of 10 2 November 2005 Prosecutor v. Ljube BOSKOSKI and Johan TARCULOVSKI Amended Indictment SCHEDULE B - CRUEL TREATMENT VICTIMS

~o , ktim Dates I ~()l'ati()n Details 01' Incident IS M-076 I 2-Aug-0 I late In a cell in the basement Beaten every half hour or hour and taken back to corridor where punched, hit with rifle evening-14 butts, baseball bats and guns. Beaten on every new shift. Police heard saying "Today I have August 2001 not managed to kill anybody there so I will beat these guys here: Beaten while being taken for paraffin test. Hit on head with front part of rifle. Almost fainted, covered in blood, slept (unconscious) for 2 or 3 hours. As a result of this and other beatings, the victim suffers from frequent headaches and has serious kidney problems.

16 M-OS1 13-Aug-01 On the way to the cell, cell in Beaten a few times on his back after the paraffin test. Female officer punched and kicked him morning to the basemen t over face and body. As a result of this and other beatings, the victim has hearing problems 6.30pm or 7pm and also pain in his back and is unable to do any heavy physical work.

17 M-079 I 2-Aug-0 I In the basemen t Beaten. The existence and extent of any injuries is unknown.

18 M-OSO 12-Aug-01 after On the way to the cell, cell in Hit with rubber bats on lower spinal bones, while passing through corridor of policemen to 8pm or 9pm to the basement the basement. Dragged by hair to the prison cell. Collapsed, unsconscious, broken nose, pain 13-Aug-OI after in right Ieg,injury to lower spinal bones. Unable to work for long. Serious dental problems 6pm and problems with ears. As a result of this and other beatings, the victim received injuries to his lower spinal bones and has been recommended for surgery. 19 M-OS9 12-Aug-01 after In some small barracks Most severe beatings at this station. Made to lay on the floor , stood over and kicked with 7pm boots. Arms were bent back until it hurts, same with legs. 2 cm scar from cut cut with a bayonet. As a result of these and other beatings the victim received bruises, a damaged toe on right foot and a broken rib. SKOPJE COURT 11 I M-001 14-Aug-01 In the corridor Beaten. The existence and extent of any injuries is unknown. spent 6hours in the court hallway after his interview with a judge

2 M-007 Spent 30 min in In the corridor Forced to kneel on floor with hands amd heads next wo wall. Hit with hard objects. As a corridor and result of this and other beatings the victim suffers from problems with his kidneys and has +3H in psychological problems. basement 3 M-OOS I 4-Aug-0 I at In the corridor Beaten with butts of automatic rifles. Covered in blood. As a result of this and other beatings, 3am the victim has problems with his chest and kidneys and suffers from psychological problems.

4 M-006 I 4-Aug-0 I In the corridor Forced to kneel on floor with hands amd heads next wo wall. Hit with hard objects. Pointed around 12 Kalashnikov at head. Suffers from headaches, lost consciousness twice. As a result of this midnight and other beatings the victim's right shoulder badly injured and he is unable to do physical work with his right hand. S M-012 I 4-Aug-0 I Inside Hit with truncheons. As a result of the beatings, the victim suffers from frequent headaches between 3.30pm and pain over his body and also insomnia. and 6.1Spm, at about6pm

6 M-003 I 4-Aug-0 I On the way out, downstairs Beaten. The existence and extent of any in juries is unknown. between 3.30 and 6.IS; at about 6pml out at 8.30pm 7 M-019 14-Aug-01 On second floor Beaten on way out of court. As a result of this and other beatings, the victim suffers from between 3.30 health problems and lapses of memory. and 6.1S; at about6pm

8 M-035 14-Aug-01 in In the corridor Badly beaten. Hit with rifle butts and other objects. Head injuries, covered in blood. As a the evening result of this and other beatings, the victim still suffers from pain in his legs.

9 M-057 14-Aug-01 In the corridor, in an office Beaten if he moved a bit, hit with truncheons covered with with newspapers. Covered in around or after on third or fourth floor blood and bad bruises. As a result of this and other beatings, the victim suffers from a midnight permanent headache, pain in the left side of his chest and occasional sleeplessness, and is permanently on medication for heart and stomach problems. 10 M-064 14-Aug-01 at In the corridor Hit with of automatic rifles butts, truncheons covered with newspapers. Covered in blood and about6pm had bad bruises. 11 M-065 14-Aug-01 in In the corridor Hit with of automatic rifles butts, truncheons covered with newspapers. Covered in blood and the evening had bad bruises. As a result of this and other beatings the victim suffers from pain in his during about 2 kidneys. and a hlaf hours 12 M-071 14-Aug-01 Inside Hit with truncheons. As a result of this and other beatings, the victim has suffered long term between 3.3Opm physical and psychological pain and is unable to work. and 6.ISpm

Case No.: IT-04-82-PT Page 9 of 10 2 November 2005 Prosecutor v. Ljube BOSKOSKI and Johan TARCULOVSKI Amended Indictment SCHEDULE B - CRUEL TREATMENT VICTIMS

No Yictim Datc~ I ~()t"ati()n Details 01' Inddcnt 13 M-073 14-Aug-01 Inside Hit with truncheons. As a result of this beating and beatings at other places that weekend, the between 3.30pm victim received injuries to his face, nose, back and stomach, and still has marks on his legs. and6.15pm

14 M-075 I 4-Aug-0 I In the corridor, in a small Lined up against wall in court, feet stepped on with high heels, hit with truncheons covered office with with newspapers. Head injuries from beatings. Covered in blood and bad brusies. As a result of this and other beatings, the victim suffers from pain in his chest from being hit with a rifle butt and sometimes has nightmares. 15 M-079 14-Aug-01 in In the corridor Beaten and burnt with a cigarette. Head injuries, seemed to have been beaten. Cigarette bum the evening on the neck. 16 M-l11 14-Aug-0 1 In a small office Lined up against wall in court, feet stepped on with high heels. The existence and extent of any injuries is unknown. 17 M-089 14-Aug-0 1 Outside the court room, in the Beaten, female reservist stepped on toes with boots. The existence and extent of any injuries corridor is unknown. 18 M-112 14-Aug-Ol In a small office Lined up against wall in court, feet stepped on with heels. The existence and extent of any injuries is unknown.

19 M-091 15-Aug-0 1 In a small office Beaten. Lined up against wall in court, feet stepped on. As a reault of this and other beatings the victim lost consciousness three times. SKOPJE CITY HOSPITAL 1 M-014 12-Aug-0 1 to In a hospital room Tied to hospital bed. As a general result of his injuries, the victim always has to protect his 17-Aug-Ol head against the sun with a headgear and faints occasionally. 2 M-017 13-Aug-O 1 after In front of the hospital; inside Beaten while brought in on whee! beds; hit by police officer with truncheon at stomach; lam punched by nurse at stomach. The existence and extent of any injuries is unknown. 3 M-018 13-Aug-Ol after In front of the hospital; inside Beaten. As a result of this and other beatings, the victim suffers from fits of diziness and lam to 15-Aug- memory lapses and is unable to do physical work. 01 4 M-031 12-Aug-Ol at In a hospital room Tied to hospital bed and was kicked in the stomach. The existence and extent of any injuries Ilpm to 13-Aug is unknown. 01 5 M-030 12-Aug-Ol In a hospital room Police officers placed him on the floor and jumped on his chest; kicked to the stomach. Was throwing up blood 6 M-072 13-Aug-O I after In front of the hospital; inside Maltreated. The victim suffered long term physical and psychological injury from these and lam other beatings. 7 M-073 Around 21 to In hospital rooms Punched on his jaw just before operation. Lost consciousness. As a result of this beating and around 26 or 28 beatings at other places that weekend, the victim received injuries to his face, nose, back and Aug-Ol stomach, and still has marks on his legs. 8 M-112 13-Aug-OI at Uk Man put gun to ear. The existence and extent of any injuries is unknown. I1.3Opm

Case No.: IT-04-82-PT Page 10 of 10 2 November 2005